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Under California's Polanco Act, owners of a right-of-way to property are not owners or operators for subsurface contamination they did not cause and had no duty to investigate

California's Polanco Act provides a powerful (some would say one sided) tool for Redevelopment Agencies to force the remediation of a site subject to redevelopment, or to cause PRP's to reimburse such agencies for the remedial cost outlays. [As an aside, it should be noted that Governor Brown...

Sheppard Mullin Richter & Hampton LLP: Redevelopment Law Unconstitutional Because of Impairment of Contract?

By Geoffrey Willis Largely lost in the noise and furor surrounding the decision by the California Supreme Court upholding AB 1X 26 ( California Redevelopment Association v. Matosantos (2011) 53 Cal.4th 231[ enhanced version available to lexis.com subscribers ], which terminated the functions of local...

Landowners Seeking Bona Fide Prospective Purchasers (BFPP) Protection From Superfund Liability Must Meet All Criteria

In a closely watched Superfund case decided April 4, 2013, the Fourth Circuit Court of Appeals interpreted the scope of landowner liability protections Congress put in place in 2002 to "promote the cleanup and reuse of brownfields," that is, previously contaminated properties. Under those provisions...

Redevelopment Revamped: Amendments to the Local Redevelopment and Housing Law Become Law

On September 9, 2013, Governor Christie signed legislation intended to codify controlling New Jersey case law and make redevelopment a more politically viable tool to spur economic development. Prior to the enactment of the Assembly Bill 3615 , all area in need of redevelopment designations pursuant...

Responding to Kelo v. New London: New Jersey Enacts Statutory Reforms to Eminent Domain Powers Under Local Redevelopment and Housing Law

New Jersey Governor Chris Christie recently signed into law A-3615 (the "Act") [ enhanced version available to lexis.com subscribers ]., which codifies recent New Jersey court holdings providing the state's property owners with greater procedural protections from eminent domain under the...